When a Tenant Asks to Sublet (Long-Term Accommodation)

Why Subletting Requests Matter

Subletting requests are common when tenants' circumstances change - new partners, new jobs, travel, or financial pressure. As a landlord, you are not required to say yes, but you must handle the request correctly to stay compliant and avoid disputes.

This guide explains the three types of long-term subletting requests, your legal rights, what to consider before approving or declining, jurisdictional nuances, and how to protect your property if you approve.

The Three Types of Long-Term Subletting Requests

1. Adding another long-term occupant
   The tenant stays living in the property and wants to add another person (partner, friend, adult child). This is usually an additional occupant request and is the lowest-risk scenario.
2. Renting out a room while the tenant stays (true sub-tenancy)
   The tenant remains living in the property but rents a spare room to someone else who pays them rent. The tenant becomes the head-tenant and the new person is their sub-tenant.
3. Tenant moving out temporarily and having someone else live there
   The tenant wants to leave for a period (travel, work contract) but keep the lease in their name and have someone else live there until they return. This is the highest-risk scenario and may be treated as an unlawful assignment unless formally approved.

The Rules

Across Australia & New Zealand

• Tenants must get the landlord's written consent before subletting
• Landlords must consider the request and cannot refuse unreasonably in most states
• The original tenant remains fully responsible for rent, damage, and behaviour of any sub-tenant or additional occupant
• If the tenant sublets without consent, it is a breach of the tenancy agreement

What Landlords Should Consider Before Saying Yes or No

A. Suitability of the proposed sub-tenant or occupant

You can reasonably request:

• Name and contact details
• ID
• Rental history
• Intended length of stay

If the person is unsuitable, you can refuse the request.

B. Impact on the property

Consider:

• Wear and tear
• Overcrowding
• Noise risk
• Parking
• Whether the property is designed for additional occupants

C. Insurance

Most landlord insurance policies allow additional occupants only if you approve them. Some policies exclude sub-tenancies unless disclosed. If your insurance would not cover the arrangement, refusal is reasonable.

D. Strata or body corporate rules

Some buildings restrict maximum occupants or additional residents. If strata rules prohibit the arrangement, refusal is automatic.

E. Bond protection

If you approve:

• Ensure the bond amount is still adequate
• Update the tenancy agreement
• Add the sub-tenant or occupant as an approved resident

F. Pre-sublet inspection (only with tenant consent)

A pre-sublet inspection helps you confirm the property's condition before approving a sub-tenant. You can only do this if:

• You are within your routine inspection limits, or
• The tenant gives clear written consent for an extra inspection

If the tenant refuses consent and you are outside routine inspection limits, you can reasonably decline the subletting request because you cannot verify the property's condition.

Jurisdiction-Specific Rules

Most jurisdictions follow the above rules. Two have meaningful nuances:

If You Approve the Sublet

• Get written consent for a pre-sublet inspection (only if you are outside routine inspection limits)
• Collect full details of the sub-tenant or additional occupant (name, contact details, intended dates)
• Update the tenancy agreement and add the sub-tenant or occupant as an approved resident
• Confirm the original tenant remains fully responsible for rent, damage, behaviour, and breaches
• Document everything in writing (approval, conditions, dates, communications)

If You Decline the Request

Provide a short, factual reason such as:

• Insurance does not cover subletting
• Strata rules prohibit it
• Proposed sub-tenant is unsuitable
• Property would become overcrowded
• Tenant intends to move out entirely (assignment, not sublet)
• You cannot verify the property's condition because the tenant refused consent for an inspection